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China and Nicaragua come closer to a FTA. How can it affect IPR protection?
By Guy José Bendaña-Guerrero & Asociados
The fourth round of China-Nicaragua Free Trade Agreement (FTA) negotiations was held from July 3 to 5, 2023 in Managua, the capital of Nicaragua. According to China's Ministry of Commerce (MOFCOM), senior officials from both sides conducted in-depth consultations and achieved positive progress in various sectors. Both sides agreed to work together to complete the negotiations by the end of July.
China and Nicaragua signed an Early Harvest Agreement (EHA) on July 15, 2022, which is a preliminary step to establishing a Free Trade Agreement (FTA). The EHA identifies Nicaraguan and Chinese export products to which preferential tariffs will be generated in an FTA. The EHA covers 140 tariff lines, including agricultural products, textiles, and machinery.
The full FTA is expected to cover a wider range of products and services, to reduce tariffs on goods traded between China and Nicaragua, and to facilitate investment and trade in services. The FTA is also expected to promote economic development in both countries. It is being negotiated by the Ministry of Commerce of China and the Ministry of Foreign Trade and Investment of Nicaragua.
The agreement will include provisions on IPR protection, which could strengthen the protection of IPR in Nicaragua.
Specifically, the FTA could require Nicaragua to implement stronger IPR laws and regulations. This could include measures such as:
-Increasing the penalties for IPR infringement.
-Strengthening the enforcement of IPR laws.
-Providing better protection for trade secrets and confidential information.
The FTA could also require Nicaragua to join other international conventions on IPR protection.
Guy José Bendaña-Guerrero & Asociados
GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.
The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.
Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.
We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.
Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.
